10 U.S.C. § 141 — Inspector General

Page 214 TITLE 10—ARMED FORCES [§ 140a Editorial Notes PRIOR PROVISIONS A prior section 140 was renumbered section 141 of this title. Another prior section 140 was renumbered section 127 of this title. AMENDMENTS 1993—Pub. L. 103–160 renumbered section 139 of this title as this section. 1986—Pub. L. 99–433, §§ 101(a)(7), 110(d)(11), renumbered section 137 of this title as this section, and struck out ‘‘: powers and duties’’ at end of section catchline. 1964—Subsec. (c). Pub. L. 88–426 repealed subsec. (c) which related to compensation of General Counsel. See section 5315 of Title 5, Government Organization and Employees. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1964 AMENDMENT For effective date of amendment by Pub. L. 88–426, see section 501 of Pub. L. 88–426. [§ 140a. Renumbered § 422] Editorial Notes PRIOR PROVISIONS A prior section 140a was renumbered section 421 of this title. [§ 140b. Renumbered § 423] Editorial Notes PRIOR PROVISIONS A prior section 140b was renumbered section 129 of this title. [§ 140c. Renumbered § 130] § 141. Inspector General (a) There is an Inspector General of the De- partment of Defense, who is appointed as pro- vided in section 403 of title 5. (b) The Inspector General performs the duties, has the responsibilities, and exercises the pow- ers specified in chapter 4 of title 5. (Added Pub. L. 99–433, title I, § 108, Oct. 1, 1986, 100 Stat. 998, § 140; renumbered § 141, Pub. L. 103–160, div. A, title IX, § 901(a)(1), Nov. 30, 1993, 107 Stat. 1726; amended Pub. L. 117–286, § 4(b)(26), Dec. 27, 2022, 136 Stat. 4346.) Editorial Notes PRIOR PROVISIONS A prior section 141 was renumbered section 138d of this title. Another prior section 141 of this title was contained in chapter 5 of this title, prior to amendment by Pub. L. 99–433. See note preceding section 151 of this title. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–286, § 4(b)(26)(A), sub- stituted ‘‘section 403 of title 5.’’ for ‘‘section 3 of the In- spector General Act of 1978 (Public Law 95–452; 5 U.S.C. App. 3).’’ Subsec. (b). Pub. L. 117–286, § 4(b)(26)(B), substituted ‘‘chapter 4 of title 5.’’ for ‘‘the Inspector General Act of 1978.’’ 1993—Pub. L. 103–160 renumbered section 140 of this title as this section. Statutory Notes and Related Subsidiaries INSPECTOR GENERAL OVERSIGHT OF DIVERSITY AND IN- CLUSION IN DEPARTMENT OF DEFENSE; SUPREMACIST, EXTREMIST, OR CRIMINAL GANG ACTIVITY IN THE ARMED FORCES Pub. L. 116–283, div. A, title V, § 554, Jan. 1, 2021, 134 Stat. 3633, as amended by Pub. L. 117–81, div. A, title V, § 549K, Dec. 27, 2021, 135 Stat. 1731, provided that: ‘‘(a) ESTABLISHMENT OF ADDITIONAL ASSISTANT IN- SPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE.— ‘‘(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act [Jan. 1, 2021], the Inspector General of the Department of Defense shall appoint, in the Office of the Inspector General of the Department of Defense, an additional Assistant In- spector General who— ‘‘(A) shall be a member of the Senior Executive Service; and ‘‘(B) shall be under the authority, direction, and control of the Inspector General. ‘‘(2) DUTIES.—Subject to the Inspector General Act of 1978 (Public Law 95–452; [former] 5 U.S.C. App.) [see 5 U.S.C. 401 et seq.], the Deputy Inspector General shall have the following duties: ‘‘(A) Developing and carrying out a plan for the conduct of comprehensive oversight, including through the conduct and supervision of audits, in- vestigations, and inspections, of policies, programs, systems, and processes of the Department— ‘‘(i) to determine the effect of such policies, programs, systems, and processes regarding per- sonnel on diversity and inclusion in the Depart- ment; and ‘‘(ii) to prevent and respond to supremacist, ex- tremist, and criminal gang activity of a member of the Armed Forces. ‘‘(B) Additional duties prescribed by the Inspector General. ‘‘(3) COORDINATION OF EFFORTS.—In carrying out the duties under paragraph (2), the Assistant Inspector General shall coordinate with, and receive the co- operation of the following: ‘‘(A) The Inspector General of the Army. ‘‘(B) The Inspector General of the Navy. ‘‘(C) The Inspector General of the Air Force. ‘‘(D) The other Deputy Inspectors General of the Department. ‘‘(4) REPORTS.— ‘‘(A) ONE-TIME REPORT.—Not later than 180 days after the date of the enactment of this Act, the In- spector General shall submit to the Committees on Armed Services of the Senate and the House of Rep- resentatives a report describing, with respect to the Assistant Inspector General appointed under this subsection: ‘‘(i) the duties and responsibilities to be as- signed to such Assistant Inspector General; ‘‘(ii) the organization, structure, staffing, and funding of the office established to support such Assistant Inspector General in the execution of such duties and responsibilities; ‘‘(iii) challenges to the establishment of such Assistant Inspector General and such office, in- cluding any shortfalls in personnel and funding; and ‘‘(iv) the date by which the Inspector General expects such Assistant Inspector General and the office will reach full operational capability. ‘‘(B) SEMIANNUAL REPORTS.—Not later than 30 days after the end of the second and fourth quarters of each fiscal year beginning in fiscal year 2022, the Inspector General shall submit to the Secretary a report including a summary of the activities of the Assistant Inspector General during the two fiscal quarters preceding the date of the report, for inclu- sion in the next semiannual report of the Inspector General under section 5 of the Inspector General Act of 1978 ([former] 5 U.S.C. App.) [see 5 U.S.C. 405]..[sic] Page 215 TITLE 10—ARMED FORCES § 142 ‘‘(C) ANNUAL REPORTS.—The Inspector General shall submit, through the Secretary, to the Com- mittees on Armed Services of the Senate and the House of Representatives annual reports presenting findings and recommendations regarding— ‘‘(i) the effects of policies, programs, systems, and processes of the Department, regarding per- sonnel, on diversity and inclusion in the Depart- ment; and ‘‘(ii) the effectiveness of such policies, pro- grams, systems, and processes in preventing and responding to supremacist, extremist, and crimi- nal gang activity of a member of the Armed Forces. ‘‘(D) OCCASIONAL REPORTS.—The Inspector Gen- eral shall, from time to time, submit to the Sec- retary additional reports as the Inspector General may determine. ‘‘(E) ONLINE PUBLICATION.—The Inspector General shall publish each report under this paragraph on a publicly accessible website consistent with the re- quirements of the Inspector General Act of 1978 ([former] 5 U.S.C. App.) [see 5 U.S.C. 401 et seq.]..[sic] ‘‘(b) ESTABLISHMENT OF STANDARD POLICIES, PROC- ESSES, TRACKING MECHANISMS, AND REPORTING REQUIRE- MENTS FOR SUPREMACIST, EXTREMIST, AND CRIMINAL GANG ACTIVITY IN CERTAIN ARMED FORCES.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall es- tablish policies, processes, and mechanisms, standard across the covered Armed Forces, that ensure that— ‘‘(A) all allegations (and related information) that a member of a covered Armed Force has en- gaged in a prohibited activity, are referred to the Inspector General of the Department of Defense; ‘‘(B) the Inspector General can document and track the referral, for purposes of an investigation or inquiry of an allegation described in paragraph (1), to— ‘‘(i) a military criminal investigative organiza- tion; ‘‘(ii) an inspector general; ‘‘(iii) a military police or security police orga- nization; ‘‘(iv) a military commander; ‘‘(v) another organization or official of the De- partment; or ‘‘(vi) a civilian law enforcement organization or official; ‘‘(C) the Inspector General can document and track the referral, to a military commander or other appropriate authority, of the final report of an investigation or inquiry described in subpara- graph (B) for action; ‘‘(D) the Inspector General can document the de- termination of whether a member described in sub- paragraph (A) engaged in prohibited activity; ‘‘(E) the Inspector General can document whether a member of a covered Armed Force was subject to action (including judicial, disciplinary, adverse, or corrective administrative action) or no action, as the case may be, based on a determination de- scribed in subparagraph (D); and ‘‘(F) the Inspector General can provide, or track the referral to a civilian law enforcement agency of, any information described in this paragraph. ‘‘(2) REPORT.—Not later than December 1 of each year beginning after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall sub- mit to the appropriate congressional committees a report on the policies, processes, and mechanisms im- plemented under paragraph (1). Each report shall in- clude, with respect to the fiscal year preceding the date of the report, the following: ‘‘(A) The total number of referrals received by the Inspector General under paragraph (1)(A); ‘‘(B) The total number of investigations and in- quiries conducted pursuant to a referral described in paragraph (1)(B); ‘‘(C) The total number of members of a covered Armed Force who, on the basis of determinations described in paragraph (1)(D) that the members en- gaged in prohibited activity, were subject to action described in paragraph (1)(E), including— ‘‘(i) court-martial, ‘‘(ii) other criminal prosecution, ‘‘(iii) non-judicial punishment under Article 15 of the Uniform Code of Military Justice [10 U.S.C. 815]; or ‘‘(iv) administrative action, including involun- tary discharge from the Armed Forces, a denial of reenlistment, or counseling. ‘‘(D) The total number of members of a covered Armed Force described in paragraph (1)(A) who were not subject to action described in paragraph (1)(E), notwithstanding determinations described in paragraph (1)(D) that such members engaged in pro- hibited activity. ‘‘(E) The total number of referrals described in paragraph (1)(F). ‘‘(3) DEFINITIONS.—In this subsection: ‘‘(A) The term ‘appropriate congressional com- mittees’ means— ‘‘(i) the Committee on the Judiciary and the Committee on Armed Services of the Senate; and ‘‘(ii) the Committee on the Judiciary and the Committee on Armed Services of the House of Representatives. ‘‘(B) The term ‘covered Armed Force’ means an Armed Force under the jurisdiction of the Sec- retary of a military department. ‘‘(C) The term ‘prohibited activity’ means an ac- tivity prohibited under Department of Defense In- struction 1325.06, titled ‘Handling Dissident and Protest Activities Among Members of the Armed Forces’, or any successor instruction.’’ [Pub. L. 117–81, § 549K, which directed amendment of section 554(a) of Pub. L. 116–283, set out above, by sub- stituting ‘‘ASSISTANT’’ for ‘‘DEPUTY’’ in section heading, was executed by substituting ‘‘ASSISTANT’’ for ‘‘DEP- UTY’’ in subsec. heading, to reflect the probable intent of Congress.] § 142. Chief Information Officer (a) There is a Chief Information Officer of the Department of Defense, who shall be appointed by the President, by and with the advice and consent of the Senate, from among civilians who are qualified to serve as such officer. (b)(1) The Chief Information Officer of the De- partment of Defense— (A) is the Chief Information Officer of the Department of Defense for the purposes of sec- tions 3506(a)(2) and 3544(a)(3) of title 44; (B) has the responsibilities and duties speci- fied in sections 11315 and 11319 of title 40; (C) has the responsibilities specified for the Chief Information Officer in sections 2223(a) and 2224 of this title; (D) exercises authority, direction, and con- trol over the Activities of the Cybersecurity Directorate, or any successor organization, of the National Security Agency, funded through the Information Systems Security Program; (E) exercises authority, direction, and con- trol over the Defense Information Systems Agency, or any successor organization; (F) has the responsibilities for policy, over- sight, guidance, and coordination for all De- partment of Defense matters related to elec- tromagnetic spectrum, including coordination with other Federal and industry agencies, co- ordination for classified programs, and in co- ordination with the Under Secretary for Per- sonnel and Readiness, policies related to spec- trum management workforce;